Counselor Education Comprehensive Exam (CECE) Practice Exam

When counseling minors, who has the legal right to confidentiality?

1. The child

2. The counselor

3. The parents or legal guardians

4. Both the child and the parents

The correct answer is: The parents or legal guardians

In the context of counseling minors, parents or legal guardians typically hold the legal right to confidentiality. This is rooted in the legal framework governing minors, where parents or guardians have the authority over their children's welfare and, therefore, control certain aspects of the minor's healthcare and well-being, including confidentiality in counseling sessions. While minors may have the opportunity to express their opinions and preferences regarding counseling and the extent of confidentiality, the legal responsibility ultimately lies with the parents or guardians. This means that significant information shared in a counseling session may need to be disclosed to them, particularly if it pertains to the safety and well-being of the child. It's also important to recognize that counselors often navigate these situations carefully. They may strive to establish rapport and build trust with the minor by discussing the limits of confidentiality openly, which allows the child to feel heard and understood. However, this does not change the fact that the legal rights to access and manage confidentiality rests with the parents or legal guardians in most cases. Understanding the dynamics of confidentiality in counseling minors is crucial for both the effective practice of counseling and for ensuring compliance with legal and ethical guidelines in this sensitive area.